WHAT TO KEEP AN EYE OUT FOR…

Care Home Whistleblower gets €17,500 over SuspensionA whistleblower who worked at a Galway care home was suspended by her employer after raising concerns over alleged elder abuse with Hiqa. The mother of nine, in her 50s, was suspended with pay from June 20th to November 7th 2014.

The Labour Court has ordered the owners of Áras Chois Fharraige home in Spiddal, Co Galway, to pay former care assistant Anna Monaghan €17,500 for making a protected disclosure concerning alleged wrongdoings regarding patient care at the home to the Health Information and Quality Authority. The Labour Court made the award under section 12 of whistleblower legislation, the Protected Disclosures Act, 2014.

In its ruling, the Labour Court found that the suspension was due to “the disclosure of information related to the alleged abuse and alleged wrongdoings regarding patient care made by Ms Monaghan on April 29th, 2014”.

The court said it was satisfied that, were it not for the complaint, Ms Monaghan would not have been suspended.Ms Monaghan made her “protected disclosure” on the standard of care at the home to Hiqa in five phone calls between March and May 2014. The nursing home operator became aware that Ms Monaghan had made the calls when Hiqa visited the home in May 2014. An unannounced inspection by Hiqa of the home in September 2014 detected a string of major non-compliance breaches.

Solicitor for Ms Monaghan, Trevor Collins of Kilfeather & Co, said yesterday that Ms Monaghan acting as a whistleblower “has come at huge personal cost to her”. Mr Collins said: “I don’t think Ms Monaghan’s experience would encourage other whistleblowers to come forward, but she can take some comfort from the fact that the lives of the residents have improved as a result of her contact with Hiqa.”

Mr Collins said that Ms Monaghan feels vindicated by the Labour Court outcome “but the award of €17,500 doesn’t compensate for the stress and trauma she has suffered”.

Ms Monaghan ceased working for the home in December 2014. Mr Collins confirmed that Ms Monaghan is bringing an unfair dismissal action against her former employer, due to be heard shortly.

Thousands Facing Hardship in Retirement, ICTU saysSenior ICTU official Fergus Whelan has recently submitted that there is now an urgent need for a universal pension scheme. This should be mandatory for all workers who do not already have a supplementary pension plan.

Speaking ahead of a major ICTU conference on the future of pension’s provision, Mr Whelan said 200,000 people face hardship in retirement. "It is our clear view that only a new mandatory scheme for all workers and employers stands any chance of success." He argued that the universal system in place in Australia was a good model.

He has submitted that the Pensions Authority's most recent report reveals that from a peak of 1,500 healthy defined benefit pension schemes a few years ago, with nearly 300,000 active members, only 429 vulnerable schemes remain, covering little more than 100,000 active members.

Social Protection Minister Leo Varadkar has submitted that he is planning to make a priority of reforming the pension system after the Budget. But major change will be extremely difficult to implement, he has stated.

Department Opposed Minimum Wage Rise for Care StaffThe Department of Health has urged the Government not to increase the minimum wage for social care staff who sleepover in residential childcare and intellectual disability centres.

A memo sent in response to the proposed increased minimum wage advised against increasing the rate for “sleepover hours”. This applies to more than 4,000 staff working in residential and respite facilities who provide a service over 24 hours a day, seven days a week.

The nature of the position requires staff to sleep over at their workplace on several occasions during the week. In the memo to Government, the Human Resources unit of the Department of Health advised against any increase in minimum wage for these hours.

“It is clear that any further increase in the minimum wage will have a significant impact on labour costs for all hours spent on sleepover duty which is essentially inactive working time. As this time is spent sleeping, there is merit in consideration being given to introducing a reduced minimum hourly rate for inactive work of this nature.”

Prior to September 2014, time spent by employees on sleepover duty had not been considered to be working time and had been paid at a set fee for an eight-hour sleepover. However, the Labour Court recommended time spent on sleepovers should be acknowledged as constituting working time and should be paid at the minimum wage hourly rate. The Government did not accept the department’s recommendation.

It increased the minimum wage in the recent Budget. From January 1st, it will rise to €9.25 from €9.15 per hour.It is understood the department’s memo caused concern and surprise among Ministers who rejected the proposals.According to the department, there are approximately 4,000 workers in residential and respite services within the disability sectors, which represent approximately 40 per cent of the overall staff.